People v. McCracken

Per Curiam:.

In each of two cases, consolidated for purposes of appellate review, defendants challenge the prosecutor’s authority to charge persons who have committed larceny of goods less than $100 in value (shoplifting), a misdemeanor, MCL 750.356; MSA 28.588, with larceny in a building, a felony, MCL 750.360; MSA 28.592. The question raised is now pending before the Supreme Court on leave granted in People v Gonzales and People v Howard, 409 Mich 945 (1980).

Terry McCracken was charged with larceny in a building for stealing a distributor cap and ten voltage regulators from a Kmart store in…